Dr. Lakshya Dhar Deka v. The State of Assam and 5 Ors

ORDER Date : 30/09/2024

Heard Mr. H. Das, learned counsel for the writ petitioner. Also heard Mr. D. Bora, learned Government Advocate, Assam as well as Ms. D. Jain, learned Standing Counsel, Social Justice and Empowerment Department, Assam, appearing for the official respondents. The writ petitioner herein, belongs to SC category, has approached this Court seeking a declaration that the SC certificate issued to him is a genuine one. Page No.# 3/3 According to Mr. Das, the petitioner has been prompted to approach this Court in view of the black-mailing carried out by the private respondent nos. 5 & 6 questioning his SC certificate which has posed serious inconvenience to his client. After the decision of the Hon'ble Supreme Court rendered in the case of Kumari Madhuri Patil Vs. Additional Commissioner, Tribal Development and others reported in (1996) 6 SCC 241, it is now settled that any controversy regarding genuineness of a caste certificate will have to be verified by the Scrutiny Committee constituted for the purpose. If there is any doubt or dispute raised by any person against the caste certified held by the petitioner, the only authority to look into the matter, therefore, would be the Scrutiny Committee constituted in accordance with the law laid down in the case of Kumari Madhuri Patil (Supra). Under the circumstances, this Court is of the opinion that there is no scope for this Court to entertain this writ petition. This writ petition is, therefore, disposed of by providing that in the event of any question being raised as regards the genuineness of the caste certificate held by the petitioner, he will be at liberty to seek remedy and defend his interest before the Scrutiny Committee, in accordance with law. With the above observation, this writ petition stands disposed of.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010173942024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4435/2024o DR.oLAKSHYAoDHARoDEKAo S/O-oLATEoBAPUoRAMoDEKA,o R/O-oVILLAGEoANDoP.O-oDADARA,o P.S-oHAJO,oDIST-oKAMRUP,oASSAM,oPIN-781104 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oWELFAREoOFoPLAINoTRIBESoANDoBACKWARDo CLASSESoDEPARTMENT,o DISPUR,oGUWAHATI-781006,oASSAM 2:THEoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oWELFAREoOFoPLAINoTRIBESoANDoBACKWARDoCLASSESoDEPARTMENT o DISPUR oGUWAHATI-781006 oASSAM 3:THEoDIRECTOR oWELFAREoOFoPLAINoTRIBESoANDoBACKWARDoCLASSESoDEPARTMENT o DISPUR oGUWAHATI-781006 oASSAM 4:THEoDISTRICToCOMMISSIONER oKAMRUP oAMINGAON oGUWAHATI Page No.# 2/3 ASSAM PIN-781039 5:RUBUL DAS PRESIDENT ANUSUCHIT JATI YUVA CHATRA PARISHAD AMULYA RESIDENCY 2ND FLOOR GANESH NAGAR ROAD JYOTINAGAR GANESH NAGAR BAMUNIMAIDAM GUWAHATI ASSAM PIN-781021 6:GOLOK CHANDRA DAS PRESIDENT UTTAR KAMRUP ZILA ANUSUCHIT JATI PARISHAD DAMDAMA VILL- CHECHAMUKH DIST- KAMRUP ASSAM PIN-78110 Advocate for the Petitioner : MR H DAS, D BARUAH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM